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In the Matter of Daylin, Inc., Debtor in Possession. Ray-O-Vac, Division of Esb, Inc., and Cross-Appellant v. Daylin, Inc., and Cross-Appellee

Court of Appeals for the Ninth Circuit

Decided May 8, 1979No. 76-1602, 76-1641PublishedCited by 12 opinions

1Opinion of the Court

HUFSTEDLER, Circuit Judge:

The central issue on these appeals is whether U.C.C. § 2-702, allowing a seller to reclaim goods delivered on credit to a buyer who is insolvent, conflicts with §§ 1, 60, 64, 67, and 70 of the Bankruptcy Act and is therefore ineffective in bankruptcy. Following In re Telemart Enterprises, Inc. (9th Cir. 1975) 524 F.2d 761, we hold that the state-created right of reclamation is not barred by the Bankruptcy Act.

Daylin filed a proceeding under Chapter XI of the Bankruptcy Act, 11 U.S.C. §§ 701 et seq., on February 26, 1975. On February 27, 1975, Ray-O-Vac, which had…

2Cases cited6 opinions

  1. In the Matter of Telemart Enterprises, Inc., Bankrupt. Alfred M. Lewis, Inc. v. Lawrence Holzman, TrusteeCourt of Appeals for the Ninth Circuit · 1975
  2. In the Matter of Federal's Inc., a Michigan Corporation, Debtor. Appeal of Matsushita Electric Corporation of AmericaCourt of Appeals for the Sixth Circuit · 1977
  3. In The Matter Of Mel Golde Shoes, Inc., DebtorCourt of Appeals for the Sixth Circuit · 1968
  4. In the Matter of Cecilia May Paderewski (Bankrupt). C. J. Paderewski, and v. John H. Barrett, Oscar F. Irwin, and Lewis H. Silverberg, Co-Trustees AndCourt of Appeals for the Ninth Circuit · 1977
  5. In Re Good Deal Supermarkets Inc.District Court, D. New Jersey · 1974

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. McCain Foods, Inc. v. Flagstaff Foodservice Co. (In Re Flagstaff Foodservice Corp.)United States Bankruptcy Court, S.D. New York · 1981
  2. Western Farmers Ass'n v. Ciba Geigy (In Re Western Farmers Ass'n)United States Bankruptcy Court, W.D. Washington · 1980
  3. United States v. Westside Bank v. O'Sullivan Industries, Inc. v. Howard Horton, Intervenors-AppelleesCourt of Appeals for the Fifth Circuit · 1984
  4. Party Packing Corp. v. Rosenberg (In Re Landy Beef Co.)United States Bankruptcy Court, D. Massachusetts · 1983
  5. In Re Dana Corp.United States Bankruptcy Court, S.D. New York · 2007

7 more not listed; retrieve them via the Exa API.

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